H.B. 116

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FACILITIES WITH REGIONAL IMPACT

2

2004 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Ralph Becker

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Gregory H. Hughes
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LONG TITLE
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General Description:
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This bill modifies and enacts provisions relating to notice and land use dispute
10
resolution applicable to certain entities in first and second class counties.
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Highlighted Provisions:
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This bill:
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. modifies provisions relating to elements of a county or municipality's general plan;
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. requires certain local government entities and certain public utilities to provide
15
notice before preparing or amending a general, long-range, or capital facilities plan;
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. requires certain entities to provide notice of an intent to acquire real property if its
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intended use is inconsistent with local planning or zoning, unless the entity has
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previously provided notice of the property's general location;
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. requires certain entities to provide post-acquisition notice of the acquisition of real
20
property, under certain circumstances;
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. establishes a commission to hear and decide certain land use disputes;
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. provides for the membership and duties of that commission;
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. provides for judicial review of a commission decision; and
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. requires commission review of certain disputes before judicial review may be
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sought.
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Monies Appropriated in this Bill:
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None

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(b) growth and development of the land within the municipality or any part of the
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municipality.
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(2) The plan may provide for:
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(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
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activities, aesthetics, and recreational, educational, and cultural opportunities;
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(b) the reduction of the waste of physical, financial, or human resources that result
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from either excessive congestion or excessive scattering of population;
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(c) the efficient and economical use, conservation, and production of the supply of:
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(i) food and water; and
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(ii) drainage, sanitary, and other facilities and resources;
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(d) the use of energy conservation and solar and renewable energy resources;
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(e) the protection of urban development;
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(f) the protection and promotion of air quality;
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(g) historic preservation; [and]
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(h) identifying future uses of land that are likely to require an expansion or significant
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modification of services or facilities provided by affected entities and specified public utilities,
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as those terms are defined in Section
10-9-301.5
; and
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[(h)] (i) an official map, pursuant to Title 72, Chapter 5, Part 4, Transportation
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Corridor Preservation.
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(3) The municipality may determine the comprehensiveness, extent, and format of the
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general plan.
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Section 2.
Section
10-9-301.5
is enacted to read:
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10-9-301.5. Notice of intent to prepare a general plan or amendments to a general
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plan in certain municipalities.
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(1) As used in this section:
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(a) (i) "Affected entity" means each county, municipality, independent special district
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under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
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Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
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11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
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(A) whose services or facilities are likely to require expansion or significant
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modification because of an intended use of land; or

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(B) that has filed with the municipality a copy of the entity's general or long-range
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plan.
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(ii) "Affected entity" does not include the municipality that is required under this
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section to provide notice.
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(b) "Specified public utility" means an electrical corporation, gas corporation, or
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telephone corporation, as those terms are defined in Section
54-2-1
.
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(2) Before preparing a proposed general plan or amendments to an existing general
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plan, each municipality within a county of the first or second class shall provide written notice,
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as provided in this section, of its intent to prepare a proposed general plan or amendments to a
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general plan.
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(3) Each notice under Subsection (2) shall:
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(a) indicate that the municipality intends to prepare a general plan or amendments to a
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general plan, as the case may be;
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(b) describe or provide a map of the geographic area that will be affected by the general
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plan or amendments to a general plan;
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(c) be sent to:
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(i) each affected entity;
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(ii) the Automated Geographic Reference Center created in Section
63A-6-202
;
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(iii) the association of governments, established pursuant to an interlocal agreement
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under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
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and
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(iv) the state planning coordinator appointed under Section
63-38d-202
;
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(d) with respect to the notice to affected entities, invite the affected entities to provide
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information for the municipality to consider in the process of preparing, adopting, and
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implementing a general plan or amendments to a general plan concerning:
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(i) impacts that the use of land proposed in the proposed general plan or amendments
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to a general plan may have on the affected entity; and
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(ii) uses of land within the municipality that the affected entity is planning or
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considering that may conflict with the proposed general plan or amendments to the general
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plan; and
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(e) include the address of an Internet website, if the municipality has one, and the name

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and telephone number of a person where more information can be obtained concerning the
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municipality's proposed general plan or amendments to a general plan.
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Section 3.
Section
10-9-302
is amended to read:
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10-9-302. Plan preparation.
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(1) (a) [The] Subject to Section
10-9-301.5
, the planning commission shall make and
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recommend to the legislative body a proposed general plan for the area within the municipality.
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(b) The plan may include areas outside the boundaries of the municipality if, in the
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commission's judgment, they are related to the planning of the municipality's territory.
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(c) Except as otherwise provided by law, when the plan of a municipality involves
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territory outside the boundaries of the municipality, the municipality may not take action
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affecting that territory without the concurrence of the county or other municipalities affected.
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(2) The general plan, with the accompanying maps, plats, charts and descriptive and
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explanatory matter, shall show the planning commission's recommendations for the
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development of the territory covered by the plan, and may include, among other things:
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(a) a land use element that:
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(i) designates the proposed general distribution and location and extent of uses of land
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for housing, business, industry, agriculture, recreation, education, public buildings and
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grounds, open space, and other categories of public and private uses of land as appropriate; and
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(ii) may include a statement of the standards of population density and building
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intensity recommended for the various land use categories covered by the plan;
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(b) a transportation and circulation element consisting of the general location and
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extent of existing and proposed freeways, arterial and collector streets, mass transit, and any
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other modes of transportation that are appropriate, all correlated with the land use element of
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the plan;
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(c) an environmental element that addresses:
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(i) the protection, conservation, development, and use of natural resources, including
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the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
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and other natural resources; and
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(ii) the reclamation of land, flood control, prevention and control of the pollution of
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streams and other waters, regulation of the use of land on hillsides, stream channels and other
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environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,

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protection of watersheds and wetlands, and the mapping of known geologic hazards;
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(d) a public services and facilities element showing general plans for sewage, waste
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disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and
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fire protection, and other public services;
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(e) a rehabilitation, redevelopment, and conservation element consisting of plans and
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programs for:
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(i) historic preservation; and
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(ii) the elimination of blight and for redevelopment, including housing sites, business
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and industrial sites, and public building sites;
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(f) an economic element composed of appropriate studies and an economic
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development plan that may include review of municipal revenue and expenditures, revenue
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sources, identification of base and residentiary industry, primary and secondary market areas,
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employment, and retail sales activity;
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(g) recommendations for implementing the plan, including the use of zoning
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ordinances, subdivision ordinances, capital improvement plans, and other appropriate actions;
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[and]
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(h) provisions addressing any of the matters listed in Subsection
10-9-301
(2); and
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[(h)] (i) any other elements the municipality considers appropriate.
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Section 4.
Section
10-9-1001
is amended to read:
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10-9-1001. Appeals.
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(1) (a) No person may challenge in district court a municipality's land use decisions
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made under this chapter or under the regulation made under authority of this chapter until that
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person has exhausted his administrative remedies.
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(b) An appeal by another municipality or by a county, independent special district
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under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
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Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
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11, Chapter 13, Interlocal Cooperation Act, or specified public utility, as defined in Section
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10-9-301.5
, of a municipality's land use decision that prevents the municipality, county,
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independent special district, local district, school district, interlocal cooperation entity, or
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specified public utility from pursuing its proposed use of land is not governed by this section
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but is governed by Title 11, Chapter 41, Facilities Dispute Resolution Commission.

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(2) (a) Any person adversely affected by any decision made in the exercise of or in
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violation of the provisions of this chapter may file a petition for review of the decision with the
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district court within 30 days after the local decision is rendered.
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(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
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property owner files a request for arbitration of a constitutional taking issue with the private
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property ombudsman under Section
63-34-13
until 30 days after:
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(A) the arbitrator issues a final award; or
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(B) the private property ombudsman issues a written statement under Subsection
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63-34-13
(4)(b) declining to arbitrate or to appoint an arbitrator.
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(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
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taking issues that are the subject of the request for arbitration filed with the private property
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ombudsman by a property owner.
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(iii) A request for arbitration filed with the private property ombudsman after the time
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under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
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(3) The courts shall:
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(a) presume that land use decisions and regulations are valid; and
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(b) determine only whether or not the decision is arbitrary, capricious, or illegal.
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Section 5.
Section
11-36-201
is amended to read:
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11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
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Summary -- Exemptions.
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(1) (a) Each local political subdivision and private entity shall comply with the
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requirements of this chapter before establishing or modifying any impact fee.
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(b) A local political subdivision may not:
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(i) establish any new impact fees that are not authorized by this chapter; or
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(ii) impose or charge any other fees as a condition of development approval unless
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those fees are a reasonable charge for the service provided.
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(c) Notwithstanding any other requirements of this chapter, each local political
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subdivision shall ensure that each existing impact fee that is charged for any public facility not
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authorized by Subsection
11-36-102
(12) is repealed by July 1, 1995.
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(d) (i) Existing impact fees for public facilities authorized in Subsection
11-36-102
(12)
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that are charged by local political subdivisions need not comply with the requirements of this

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chapter until July 1, 1997.
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(ii) By July 1, 1997, each local political subdivision shall:
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(A) review any impact fees in existence as of the effective date of this act, and prepare
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and approve the analysis required by this section for each of those impact fees; and
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(B) ensure that the impact fees comply with the requirements of this chapter.
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(2) (a) Before imposing impact fees, each local political subdivision shall prepare a
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capital facilities plan.
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(b) (i) As used in this Subsection (2)(b):
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(A) (I) "Affected entity" means each county, municipality, independent special district
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under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
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Chapter 2, Local Districts, school district, interlocal cooperation entity established under
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Chapter 13, Interlocal Cooperation Act, and specified public utility:
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(Aa) whose services or facilities are likely to require expansion or significant
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modification because of the facilities proposed in the proposed capital facilities plan; or
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(Bb) that has filed with the local political subdivision or private entity a copy of the
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general or long-range plan of the county, municipality, independent special district, local
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district, school district, interlocal cooperation entity, or specified public utility.
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(II) "Affected entity" does not include the local political subdivision or private entity
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that is required under this Subsection (2) to provide notice.
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(B) "Specified public utility" means an electrical corporation, gas corporation, or
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telephone corporation, as those terms are defined in Section
54-2-1
.
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(ii) Before preparing a capital facilities plan for facilities proposed on land located
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within a county of the first or second class, each local political subdivision and each private
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entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
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a capital facilities plan.
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(iii) Each notice under Subsection (2)(b)(ii) shall:
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(A) indicate that the local political subdivision or private entity intends to prepare a
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capital facilities plan;
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(B) describe or provide a map of the geographic area where the proposed capital
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facilities will be located;
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(C) be sent to:

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(I) each county in whose unincorporated area and each municipality in whose
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boundaries is located the land on which the proposed facilities will be located;
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(II) each affected entity;
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(III) the Automated Geographic Reference Center created in Section
63A-6-202
;
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(IV) the association of governments, established pursuant to an interlocal agreement
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under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
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be located; and
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(V) the state planning coordinator appointed under Section
63-38d-202
; and
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(D) with respect to the notice to affected entities, invite the affected entities to provide
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information for the local political subdivision or private entity to consider in the process of
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preparing, adopting, and implementing a capital facilities plan concerning:
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(I) impacts that the facilities proposed in the capital facilities plan may have on the
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affected entity; and
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(II) facilities or uses of land that the affected entity is planning or considering that may
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conflict with the facilities proposed in the capital facilities plan.
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[(b)] (c) The plan shall identify:
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(i) demands placed upon existing public facilities by new development activity; and
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(ii) the proposed means by which the local political subdivision will meet those
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demands.
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[(c)] (d) Municipalities and counties need not prepare a separate capital facilities plan
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if the general plan required by Sections
10-9-301
and
17-27-301
contains the elements required
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by Subsection (2)[(b)](c).
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[(d)] (e) (i) If a local political subdivision prepares an independent capital facilities
268
plan rather than including a capital facilities element in the general plan, the local political
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subdivision shall, before adopting the capital facilities plan:
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(A) give public notice of the plan according to this Subsection (2)[(d)](e);
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(B) at least 14 days before the date of the public hearing:
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(I) make a copy of the plan, together with a summary designed to be understood by a
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lay person, available to the public; and
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(II) place a copy of the plan and summary in each public library within the local
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political subdivision; and

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(C) hold a public hearing to hear public comment on the plan.
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(ii) Municipalities shall comply with the notice and hearing requirements of, and,
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except as provided in Subsection
11-36-401
(4)(f), receive the protections of, Subsections
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10-9-103
(2) and
10-9-402
(2).
280
(iii) Counties shall comply with the notice and hearing requirements of, and, except as
281
provided in Subsection
11-36-401
(4)(f), receive the protections of, Subsections
17-27-103
(2)
282
and
17-27-402
(2).
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(iv) Special districts and private entities shall comply with the notice and hearing
284
requirements of, and receive the protections of, Section
17A-1-203
.
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(v) Nothing contained in this Subsection (2)[(d)](e) or in the subsections referenced in
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Subsections (2)[(d)](e)(ii) and (iii) may be construed to require involvement by a planning
287
commission in the capital facilities planning process.
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[(e)] (f) (i) Local political subdivisions with a population or serving a population of
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less than 5,000 as of the last federal census need not comply with the capital facilities plan
290
requirements of this part, but shall ensure that the impact fees imposed by them are based upon
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a reasonable plan.
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(ii) Subsection (2)[(e)](f)(i) does not apply to private entities.
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(3) In preparing the plan, each local political subdivision shall generally consider all
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revenue sources, including impact fees, to finance the impacts on system improvements.
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(4) A local political subdivision may only impose impact fees on development
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activities when its plan for financing system improvements establishes that impact fees are
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necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
298
future, in comparison to the benefits already received and yet to be received.
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(5) (a) Each local political subdivision imposing impact fees shall prepare a written
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analysis of each impact fee that:
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(i) identifies the impact on system improvements required by the development activity;
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(ii) demonstrates how those impacts on system improvements are reasonably related to
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the development activity;
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(iii) estimates the proportionate share of the costs of impacts on system improvements
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that are reasonably related to the new development activity; and
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(iv) based upon those factors and the requirements of this chapter, identifies how the

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impact fee was calculated.
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(b) In analyzing whether or not the proportionate share of the costs of public facilities
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are reasonably related to the new development activity, the local political subdivision shall
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identify, if applicable:
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(i) the cost of existing public facilities;
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(ii) the manner of financing existing public facilities, such as user charges, special
313
assessments, bonded indebtedness, general taxes, or federal grants;
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(iii) the relative extent to which the newly developed properties and the other
315
properties in the municipality have already contributed to the cost of existing public facilities,
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by such means as user charges, special assessments, or payment from the proceeds of general
317
taxes;
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(iv) the relative extent to which the newly developed properties and the other
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properties in the municipality will contribute to the cost of existing public facilities in the
320
future;
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(v) the extent to which the newly developed properties are entitled to a credit because
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the municipality is requiring their developers or owners, by contractual arrangement or
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otherwise, to provide common facilities, inside or outside the proposed development, that have
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been provided by the municipality and financed through general taxation or other means, apart
325
from user charges, in other parts of the municipality;
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(vi) extraordinary costs, if any, in servicing the newly developed properties; and
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(vii) the time-price differential inherent in fair comparisons of amounts paid at
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different times.
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(c) Each local political subdivision that prepares a written analysis under this
330
Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
331
designed to be understood by a lay person.
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(6) Each local political subdivision that adopts an impact fee enactment under Section
333
11-36-202
on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
334
to each public library within the local political subdivision:
335
(a) a copy of the written analysis required by Subsection (5)(a); and
336
(b) a copy of the summary required by Subsection (5)(c).
337
(7) Nothing in this chapter may be construed to repeal or otherwise eliminate any

338
impact fee in effect on the effective date of this act that is pledged as a source of revenues to
339
pay bonded indebtedness that was incurred before the effective date of this act.
340
Section 6.
Section
11-41-101
is enacted to read:
341

CHAPTER 41. FACILITIES DISPUTE RESOLUTION COMMISSION

342
11-41-101. Title.
343
This chapter is known as the "Facilities Dispute Resolution Commission."
344
Section 7.
Section
11-41-102
is enacted to read:
345
11-41-102. Definitions.
346
As used in this chapter:
347
(1) "Commission" means a facilities dispute resolution commission established under
348
Section
11-41-103
.
349
(2) "Specified public utility" means an electrical corporation, gas corporation, or
350
telephone corporation, as those terms are defined in Section
54-1-2
.
351
Section 8.
Section
11-41-103
is enacted to read:
352
11-41-103. Facilities Dispute Resolution Commission.
353
(1) There is established a facilities dispute resolution commission for each association
354
of governments:
355
(a) that has been established pursuant to an interlocal agreement under Chapter 13,
356
Interlocal Cooperation Act; and
357
(b) whose membership includes a county of the first or second class.
358
(2) Each commission shall be composed of:
359
(a) one person who holds an elected county office in a county of the first or second
360
class, appointed by the association of governments;
361
(b) one person who holds an elected municipal office in a municipality located in a
362
county of the first or second class, appointed by the association of governments;
363
(c) one person who serves as a member of a board of trustees of an independent special
364
district under Title 17A, Chapter 2, Independent Special Districts, appointed by the Utah
365
Association of Special Districts;
366
(d) one person who is an officer or employee of a specified public utility that provides
367
service within a county of the first or second class, appointed by the Utah Public Service
368
Commission;

369
(e) one person who serves as a board member of a school district located in a county of
370
the first or second class, appointed by the State Board of Education; and
371
(f) two persons who reside within a county of the first or second class that is a member
372
of the association of governments, appointed by majority vote of the five other members of the
373
commission.
374
(3) The term of each commission member shall be four years, except that:
375
(a) the initial term of two members of the commission, chosen by lot, shall be one year;
376
(b) the initial term of two members of the commission, chosen by lot, shall be two
377
years; and
378
(c) the initial term of two members of the commission, chosen by lot, shall be three
379
years.
380
(4) A commission member is not limited in the number of terms the member may
381
serve.
382
(5) (a) For each member of the commission under Subsection (2), an alternate member
383
shall be appointed by the same body that appointed the member.
384
(b) Each alternate member shall serve for the same term as the member for which the
385
alternate member is an alternate.
386
(c) An alternate serves on the commission only:
387
(i) if the member for whom the alternate member is an alternate is:
388
(A) disqualified under Subsection
11-41-105
(2); or
389
(B) otherwise unable to participate in the commission's consideration of a particular
390
dispute; and
391
(ii) for each particular dispute for which the member does not serve under Subsection
392
(5)(c)(i).
393
(6) (a) Commission members shall choose from their number a chair, who shall preside
394
at commission meetings, and a vice chair, who shall preside at commission meetings in the
395
absence of the chair.
396
(b) The chair and vice chair serve in those positions at the pleasure of the commission,
397
but the commission may designate a set term for those positions.
398
(7) (a) A majority of commission members constitutes a quorum for holding meetings
399
and transacting business.

400
(b) A decision by the commission resolving a dispute requires the concurrence of a
401
majority of commission members.
402
Section 9.
Section
11-41-104
is enacted to read:
403
11-41-104. Commission duties and authority.
404
(1) Each commission shall hear and decide disputes concerning:
405
(a) a proposed use of land that is rejected by the county in whose unincorporated area
406
or the municipality in whose boundaries the land is located; or
407
(b) a school district's action that the county or municipality claims violates its land use
408
planning and zoning ordinances.
409
(2) Each commission shall activate and operate only when presented with a dispute as
410
provided in this chapter.
411
(3) In resolving disputes, the commission shall consider:
412
(a) whether the entity proposing the use of land:
413
(i) included the proposed use of land in its long-term planning;
414
(ii) complied with applicable notice requirements with respect to the acquisition or
415
proposed use of land; and
416
(iii) has made a good faith effort to cooperate and resolve conflicts with the applicable
417
county or municipality concerning the proposed use of land;
418
(b) whether allowing the proposed use of land will provide a greater benefit to a larger
419
segment of the public than not allowing it;
420
(c) whether there are other suitable locations for the proposed use;
421
(d) (i) whether an entity other than the entity proposing the land use will bear an
422
unreasonable burden or suffer an unreasonable impact, including financial burden or impact,
423
from the proposed use of land; and
424
(ii) the extent to which the entity proposing the use of land is willing to mitigate the
425
burden or impact;
426
(e) whether the proposed use of land is consistent with the county or municipality's
427
general plan;
428
(f) whether the county or municipality's general plan and zoning applicable to the land
429
in question was consistent with the proposed use of the land at the time the entity proposing the
430
use of land acquired it; and

431
(g) all other factors the commission considers relevant to a resolution of the dispute
432
that best serves the public interest.
433
(4) A commission may:
434
(a) adopt and enforce rules of procedure for the orderly and fair conduct of its
435
proceedings;
436
(b) authorize a member of the commission to administer oaths if necessary in the
437
performance of the commission's duties; and
438
(c) in order to enable the commission to carry out its duties in hearing and deciding
439
disputes, use the services of the staff of the association of governments or employ other
440
personnel.
441
(5) Each commission shall keep a record of all its proceedings concerning a dispute.
442
(6) If the commission decides to allow the proposed use of land, the commission may
443
formulate its decision to achieve a result that best serves the public interest, including:
444
(a) imposing reasonable conditions or requirements on the entity proposing the use of
445
land to mitigate the unreasonable burdens or impacts caused by the proposed use of land; and
446
(b) allowing a land use that is contrary to existing local municipal or county land use
447
ordinances.
448
(7) The principal place of business of the association of counties shall constitute the
449
commission's office and shall be the place for filing a petition under Section
11-41-105
.
450
Section 10.
Section
11-41-105
is enacted to read:
451
11-41-105. Procedure for commission review of dispute.
452
(1) (a) (i) A county, municipality, independent special district under Title 17A, Chapter
453
2, Independent Special Districts, local district under Title 17B, Chapter 2, Local Districts,
454
school district, interlocal cooperation entity established under Chapter 13, Interlocal
455
Cooperation Act, or specified public utility may request commission review of a county or
456
municipality's land use decision that prevents the county, municipality, independent special
457
district, local district, school district, interlocal cooperation entity, or specified public utility
458
from pursuing its proposed use of land by filing with the commission a petition requesting
459
review of the land use decision.
460
(ii) A county or municipality may request commission review of a school district action
461
that the county or municipality claims violates its land use planning and zoning ordinances.

462
(b) Each petition under Subsection (1)(a) shall be filed within 30 days after:
463
(i) for a petition under Subsection (1)(a)(i), the date of the land use decision for which
464
commission review is sought; and
465
(ii) for a petition under Subsection (1)(a)(ii), the date of the school district action for
466
which commission review is sought.
467
(2) (a) A commission member is disqualified from hearing and deciding a dispute if:
468
(i) the member has a direct interest in the outcome of the dispute;
469
(ii) the member concludes that the member cannot impartially participate in the hearing
470
and decision of the dispute; or
471
(iii) a majority of all remaining members of the commission vote to remove the
472
member from participating in the hearing and decision of the dispute.
473
(b) If a member is disqualified under Subsection (2)(a), that member's alternate shall
474
serve on the commission for purposes of hearing and deciding that particular dispute for which
475
the member is disqualified.
476
(3) The parties to a dispute before the commission shall equally share the expenses
477
incurred by the commission relating to its hearing and deciding the dispute.
478
Section 11.
Section
11-41-106
is enacted to read:
479
11-41-106. Court review of commission decision.
480
(1) (a) A county, municipality, independent special district under Title 17A, Chapter 2,
481
Independent Special Districts, local district under Title 17B, Chapter 2, Local Districts, school
482
district, interlocal cooperation entity established under Chapter 13, Interlocal Cooperation Act,
483
and specified public utility may not seek district court review of a municipality or county's land
484
use decision for which commission review is provided in this chapter unless the land use
485
decision has been heard and decided by the commission.
486
(b) A county or municipality may not seek district court review of a school district
487
action that the county or municipality claims violates its land use planning and zoning
488
ordinances unless the dispute has been heard and decided by the commission.
489
(2) An entity adversely affected by a commission decision may file, within 30 days
490
after the commission decision, a petition for review of the decision with the district court.
491
(3) The district court review of a commission decision is on the record created during
492
the commission proceedings.

493
(4) In its review of a commission decision, the court shall uphold the decision if it is
494
supported by substantial evidence.
495
Section 12.
Section
17-27-301
is amended to read:
496
17-27-301. General plan.
497
(1) In order to accomplish the purposes set forth in this chapter, each county shall
498
prepare and adopt a comprehensive general plan for:
499
(a) the present and future needs of the county; and
500
(b) the growth and development of the land within the county or any part of the county,
501
including uses of land for urbanization, trade, industry, residential, agricultural, wildlife
502
habitat, and other purposes.
503
(2) The plan may provide for:
504
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
505
activities, aesthetics, and recreational, educational, and cultural opportunities;
506
(b) the reduction of the waste of physical, financial, or human resources that result
507
from either excessive congestion or excessive scattering of population;
508
(c) the efficient and economical use, conservation, and production of the supply of:
509
(i) food and water; and
510
(ii) drainage, sanitary, and other facilities and resources;
511
(d) the use of energy conservation and solar and renewable energy resources;
512
(e) the protection of urban development;
513
(f) the protection and promotion of air quality;
514
(g) historic preservation; [and]
515
(h) identifying future uses of land that are likely to require an expansion or significant
516
modification of services or facilities provided by affected entities and specified public utilities,
517
as those terms are defined in Section
17-27-301.5
; and
518
[(h)] (i) an official map, pursuant to Title 72, Chapter 5, Part 4, Transportation
519
Corridor Preservation.
520
(3) (a) The plan shall include specific provisions related to any areas within, or
521
partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
522
county, which are proposed for the siting of a storage facility or transfer facility for the
523
placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as

524
these wastes are defined in Section
19-3-303
. The provisions shall address the effects of the
525
proposed site upon the health and general welfare of citizens of the state, and shall provide:
526
(i) the information identified in Section
19-3-305
;
527
(ii) information supported by credible studies that demonstrates that the provisions of
528
Subsection
19-3-307
(2) have been satisfied; and
529
(iii) specific measures to mitigate the effects of high-level nuclear waste and greater
530
than class C radioactive waste and guarantee the health and safety of the citizens of the state.
531
(b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance
532
indicating that all proposals for the siting of a storage facility or transfer facility for the
533
placement of high-level nuclear waste or greater than class C radioactive waste wholly or
534
partially within the county are rejected.
535
(c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.
536
(d) The county shall send a certified copy of the ordinance under Subsection (3)(b) to
537
the executive director of the Department of Environmental Quality by certified mail within 30
538
days of enactment.
539
(e) If a county repeals an ordinance adopted pursuant to Subsection (3)(b) the county
540
shall:
541
(i) comply with Subsection (3)(a) as soon as reasonably possible; and
542
(ii) send a certified copy of the repeal to the executive director of the Department of
543
Environmental Quality by certified mail within 30 days after the repeal.
544
(4) The plan may define the county's local customs, local culture, and the components
545
necessary for the county's economic stability.
546
(5) The county may determine the comprehensiveness, extent, and format of the
547
general plan.
548
Section 13.
Section
17-27-301.5
is enacted to read:
549
17-27-301.5. Notice of intent to prepare a general plan or amendments to a
550
general plan in certain counties.
551
(1) As used in this section:
552
(a) (i) "Affected entity" means each county, municipality, independent special district
553
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
554
Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title

555
11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
556
(A) whose services or facilities are likely to require expansion or significant
557
modification because of an intended use of land; or
558
(B) that has filed with the county a copy of the entity's general or long-range plan.
559
(ii) "Affected entity" does not include the county that is required under this section to
560
provide notice.
561
(b) "Specified public utility" means an electrical corporation, gas corporation, or
562
telephone corporation, as those terms are defined in Section
54-2-1
.
563
(2) Before preparing a proposed general plan or amendments to an existing general
564
plan, each county of the first or second class shall provide written notice, as provided in this
565
section, of its intent to prepare a proposed general plan or amendments to a general plan.
566
(3) Each notice under Subsection (2) shall:
567
(a) indicate that the county intends to prepare a general plan or amendments to a
568
general plan, as the case may be;
569
(b) describe or provide a map of the geographic area that will be affected by the general
570
plan or amendments to a general plan;
571
(c) be sent to:
572
(i) each affected entity;
573
(ii) the Automated Geographic Reference Center created in Section
63A-6-202
;
574
(iii) the association of governments, established pursuant to an interlocal agreement
575
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
576
(iv) the state planning coordinator appointed under Section
63-38d-202
;
577
(d) with respect to the notice to affected entities, invite the affected entities to provide
578
information for the county to consider in the process of preparing, adopting, and implementing
579
a general plan or amendments to a general plan concerning:
580
(i) impacts that the use of land proposed in the proposed general plan or amendments
581
to a general plan may have on the affected entity; and
582
(ii) uses of land within the county that the affected entity is planning or considering
583
that may conflict with the proposed general plan or amendments to the general plan; and
584
(e) include the address of an Internet website, if the county has one, and the name and
585
telephone number of a person where more information can be obtained concerning the county's

586
proposed general plan or amendments to a general plan.
587
Section 14.
Section
17-27-302
is amended to read:
588
17-27-302. Plan preparation.
589
(1) (a) [The] Subject to Section
17-27-301.5
, the planning commission shall make and
590
recommend to the legislative body a proposed general plan for the area within the county.
591
(b) (i) The plan may include planning for incorporated areas if, in the planning
592
commission's judgment, they are related to the planning of the unincorporated territory or of
593
the county as a whole.
594
(ii) Elements of the county plan that address incorporated areas are not an official plan
595
or part of a municipal plan for any municipality, unless it is adopted by the municipal planning
596
commission and the governing body of the municipality.
597
(2) The general plan, with the accompanying maps, plats, charts and descriptive and
598
explanatory matter, shall show the planning commission's recommendations for the
599
development of the territory covered by the plan, and may include, among other things:
600
(a) a land use element that:
601
(i) designates the proposed general distribution and location and extent of uses of land
602
for housing, business, industry, agriculture, recreation, education, public buildings and
603
grounds, open space, and other categories of public and private uses of land as appropriate; and
604
(ii) may include a statement of the standards of population density and building
605
intensity recommended for the various land use categories covered by the plan;
606
(b) a transportation and circulation element consisting of the general location and
607
extent of existing and proposed freeways, arterial and collector streets, mass transit, and any
608
other modes of transportation that are appropriate, all correlated with the land use element of
609
the plan;
610
(c) an environmental element that addresses:
611
(i) the protection, conservation, development, and use of natural resources, including
612
the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
613
and other natural resources; and
614
(ii) the reclamation of land, flood control, prevention and control of the pollution of
615
streams and other waters, regulation of the use of land on hillsides, stream channels and other
616
environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,

617
protection of watersheds and wetlands, and the mapping of known geologic hazards;
618
(d) a public services and facilities element showing general plans for sewage, waste
619
disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and
620
fire protection, and other public services;
621
(e) a rehabilitation, redevelopment, and conservation element consisting of plans and
622
programs for:
623
(i) historic preservation; and
624
(ii) the elimination of blight and for redevelopment, including housing sites, business
625
and industrial sites, and public building sites;
626
(f) an economic element composed of appropriate studies and an economic
627
development plan that may include review of county revenue and expenditures, revenue
628
sources, identification of base and residentiary industry, primary and secondary market areas,
629
employment, and retail sales activity;
630
(g) recommendations for implementing the plan, including the use of zoning
631
ordinances, subdivision ordinances, capital improvement plans, and other appropriate actions;
632
[and]
633
(h) provisions addressing any of the matters listed in Subsection
17-27-301
(2); and
634
[(h)] (i) any other elements that the county considers appropriate.
635
Section 15.
Section
17-27-1001
is amended to read:
636
17-27-1001. Appeals.
637
(1) (a) No person may challenge in district court a county's land use decisions made
638
under this chapter or under the regulation made under authority of this chapter until that person
639
has exhausted all administrative remedies.
640
(b) An appeal by another county or by a municipality, independent special district
641
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
642
Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
643
11, Chapter 13, Interlocal Cooperation Act, or specified public utility, as defined in Section
644
10-9-301.5
, of a county's land use decision that prevents the county, municipality, independent
645
special district, local district, school district, interlocal cooperation entity, or specified public
646
utility from pursuing its proposed use of land is not governed by this section but is governed by
647
Title 11, Chapter 41, Facilities Dispute Resolution Commission.

648
(2) (a) Any person adversely affected by any decision made in the exercise of or in
649
violation of the provisions of this chapter may file a petition for review of the decision with the
650
district court within 30 days after the local decision is rendered.
651
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
652
property owner files a request for arbitration of a constitutional taking issue with the private
653
property ombudsman under Section
63-34-13
until 30 days after:
654
(A) the arbitrator issues a final award; or
655
(B) the private property ombudsman issues a written statement under Subsection
656
63-34-13
(4)(b) declining to arbitrate or to appoint an arbitrator.
657
(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
658
taking issues that are the subject of the request for arbitration filed with the private property
659
ombudsman by a property owner.
660
(iii) A request for arbitration filed with the private property ombudsman after the time
661
under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
662
(3) (a) The courts shall:
663
(i) presume that land use decisions and regulations are valid; and
664
(ii) determine only whether or not the decision is arbitrary, capricious, or illegal.
665
(b) A determination of illegality requires a determination that the decision violates a
666
statute, ordinance, or existing law.
667
Section 16.
Section
17A-2-104
is enacted to read:
668
17A-2-104. Notice before preparing a long-range plan or acquiring certain
669
property.
670
(1) As used in this section:
671
(a) (i) "Affected entity" means each county, municipality, independent special district
672
under this chapter, local district under Title 17B, Chapter 2, Local Districts, school district,
673
interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
674
and specified public utility:
675
(A) whose services or facilities are likely to require expansion or significant
676
modification because of an intended use of land; or
677
(B) that has filed with the independent special district a copy of the general or
678
long-range plan of the county, municipality, independent special district, local district, school

679
district, interlocal cooperation entity, or specified public utility.
680
(ii) "Affected entity" does not include the independent special district that is required
681
under this section to provide notice.
682
(b) "Specified public utility" means an electrical corporation, gas corporation, or
683
telephone corporation, as those terms are defined in Section
54-2-1
.
684
(2) (a) If an independent special district under this chapter located in a county of the
685
first or second class prepares a long-range plan regarding its facilities proposed for the future or
686
amends an already existing long-range plan, the independent special district shall, before
687
preparing a long-range plan or amendments to an existing long-range plan, provide written
688
notice, as provided in this section, of its intent to prepare a long-range plan or to amend an
689
existing long-range plan.
690
(b) Each notice under Subsection (2) shall:
691
(i) indicate that the independent special district intends to prepare a long-range plan or
692
to amend a long-range plan, as the case may be;
693
(ii) describe or provide a map of the geographic area that will be affected by the
694
long-range plan or amendments to a long-range plan;
695
(iii) be sent to:
696
(A) each county in whose unincorporated area and each municipality in whose
697
boundaries is located the land on which the proposed long-range plan or amendments to a
698
long-range plan are expected to indicate that the proposed facilities will be located;
699
(B) each affected entity;
700
(C) the Automated Geographic Reference Center created in Section
63A-6-202
;
701
(D) each association of governments, established pursuant to an interlocal agreement
702
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
703
described in Subsection (2)(b)(iii)(A) is a member; and
704
(E) the state planning coordinator appointed under Section
63-38d-202
;
705
(iv) with respect to the notice to counties and municipalities described in Subsection
706
(2)(b)(iii)(A) and affected entities, invite them to provide information for the independent
707
special district to consider in the process of preparing, adopting, and implementing the
708
long-range plan or amendments to a long-range plan concerning:
709
(A) impacts that the use of land proposed in the proposed long-range plan or

710
amendments to a long-range plan may have on the county, municipality, or affected entity; and
711
(B) uses of land that the county, municipality, or affected entity is planning or
712
considering that may conflict with the proposed long-range plan or amendments to a long-range
713
plan; and
714
(v) include the address of an Internet website, if the independent special district has
715
one, and the name and telephone number of a person where more information can be obtained
716
concerning the independent special district's proposed long-range plan or amendments to a
717
long-range plan.
718
(3) (a) Except as provided in Subsection (3)(d), each independent special district
719
intending to acquire real property for the purpose of expanding the district's infrastructure or
720
other facilities used for providing the services that the district is authorized to provide shall
721
provide written notice, as provided in this Subsection (3), of its intent to acquire the property if
722
the intended use of the property is contrary to:
723
(i) the anticipated use of the property under the county or municipality's general plan;
724
or
725
(ii) the property's current zoning designation.
726
(b) Each notice under Subsection (3)(a) shall:
727
(i) indicate that the independent special district intends to acquire real property;
728
(ii) identify the real property; and
729
(iii) be sent to:
730
(A) each county in whose unincorporated area and each municipality in whose
731
boundaries the property is located; and
732
(B) each affected entity.
733
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
734
63-2-304
(7).
735
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the independent
736
special district previously provided notice under Subsection (2) identifying the general location
737
within the municipality or unincorporated part of the county where the property to be acquired
738
is located.
739
(ii) If an independent special district is not required to comply with the notice
740
requirement of Subsection (3)(a) because of application of Subsection (3)(d)(i), the

741
independent special district shall provide the notice specified in Subsection (3)(a) as soon as
742
practicable after its acquisition of the real property.
743
Section 17.
Section
17B-2-104
is enacted to read:
744
17B-2-104. Notice before preparing a long-range plan or acquiring certain
745
property.
746
(1) As used in this section:
747
(a) (i) "Affected entity" means each county, municipality, independent special district
748
under this chapter, local district under this chapter, school district, interlocal cooperation entity
749
established under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
750
(A) whose services or facilities are likely to require expansion or significant
751
modification because of an intended use of land; or
752
(B) that has filed with the local district a copy of the general or long-range plan of the
753
county, municipality, independent special district, local district, school district, interlocal
754
cooperation entity, or specified public utility.
755
(ii) "Affected entity" does not include the local district that is required under this
756
section to provide notice.
757
(b) "Specified public utility" means an electrical corporation, gas corporation, or
758
telephone corporation, as those terms are defined in Section
54-2-1
.
759
(2) (a) If a local district under this chapter located in a county of the first or second
760
class prepares a long-range plan regarding its facilities proposed for the future or amends an
761
already existing long-range plan, the local district shall, before preparing a long-range plan or
762
amendments to an existing long-range plan, provide written notice, as provided in this section,
763
of its intent to prepare a long-range plan or to amend an existing long-range plan.
764
(b) Each notice under Subsection (2)(a) shall:
765
(i) indicate that the local district intends to prepare a long-range plan or to amend a
766
long-range plan, as the case may be;
767
(ii) describe or provide a map of the geographic area that will be affected by the
768
long-range plan or amendments to a long-range plan;
769
(iii) be sent to:
770
(A) each county in whose unincorporated area and each municipality in whose
771
boundaries is located the land on which the proposed long-range plan or amendments to a

772
long-range plan are expected to indicate that the proposed facilities will be located;
773
(B) each affected entity;
774
(C) the Automated Geographic Reference Center created in Section
63A-6-202
;
775
(D) each association of governments, established pursuant to an interlocal agreement
776
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
777
described in Subsection (2)(b)(iii)(A) is a member; and
778
(E) the state planning coordinator appointed under Section
63-38d-202
;
779
(iv) with respect to the notice to counties and municipalities described in Subsection
780
(2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
781
consider in the process of preparing, adopting, and implementing the long-range plan or
782
amendments to a long-range plan concerning:
783
(A) impacts that the use of land proposed in the proposed long-range plan or
784
amendments to a long-range plan may have on the county, municipality, or affected entity; and
785
(B) uses of land that the county, municipality, or affected entity is planning or
786
considering that may conflict with the proposed long-range plan or amendments to a long-range
787
plan; and
788
(v) include the address of an Internet website, if the local district has one, and the name
789
and telephone number of a person where more information can be obtained concerning the
790
local district's proposed long-range plan or amendments to a long-range plan.
791
(3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
792
real property for the purpose of expanding the district's infrastructure or other facilities used for
793
providing the services that the district is authorized to provide shall provide written notice, as
794
provided in this Subsection (3), of its intent to acquire the property if the intended use of the
795
property is contrary to:
796
(i) the anticipated use of the property under the county or municipality's general plan;
797
or
798
(ii) the property's current zoning designation.
799
(b) Each notice under Subsection (3)(a) shall:
800
(i) indicate that the local district intends to acquire real property;
801
(ii) identify the real property; and
802
(iii) be sent to:

803
(A) each county in whose unincorporated area and each municipality in whose
804
boundaries the property is located; and
805
(B) each affected entity.
806
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
807
63-2-304
(7).
808
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
809
previously provided notice under Subsection (2) identifying the general location within the
810
municipality or unincorporated part of the county where the property to be acquired is located.
811
(ii) If a local district is not required to comply with the notice requirement of
812
Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
813
the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
814
property.
815
Section 18.
Section
53A-2-123
is enacted to read:
816
53A-2-123. Notice before preparing or amending a long-range plan or acquiring
817
certain property.
818
(1) As used in this section:
819
(a) "Affected entity" means each county, municipality, independent special district
820
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
821
Chapter 2, Local Districts, interlocal cooperation entity established under Title 11, Chapter 13,
822
Interlocal Cooperation Act, and specified public utility:
823
(i) whose services or facilities are likely to require expansion or significant
824
modification because of an intended use of land; or
825
(ii) that has filed with the school district a copy of the general or long-range plan of the
826
county, municipality, independent special district, local district, school district, interlocal
827
cooperation entity, or specified public utility.
828
(b) "Specified public utility" means an electrical corporation, gas corporation, or
829
telephone corporation, as those terms are defined in Section
54-2-1
.
830
(2) (a) If a school district located in a county of the first or second class prepares a
831
long-range plan regarding its facilities proposed for the future or amends an already existing
832
long-range plan, the school district shall, before preparing a long-range plan or amendments to
833
an existing long-range plan, provide written notice, as provided in this section, of its intent to

834
prepare a long-range plan or to amend an existing long-range plan.
835
(b) Each notice under Subsection (2)(a) shall:
836
(i) indicate that the school district intends to prepare a long-range plan or to amend a
837
long-range plan, as the case may be;
838
(ii) describe or provide a map of the geographic area that will be affected by the
839
long-range plan or amendments to a long-range plan;
840
(iii) be sent to:
841
(A) each county in whose unincorporated area and each municipality in whose
842
boundaries is located the land on which the proposed long-range plan or amendments to a
843
long-range plan are expected to indicate that the proposed facilities will be located;
844
(B) each affected entity;
845
(C) the Automated Geographic Reference Center created in Section
63A-6-202
;
846
(D) each association of governments, established pursuant to an interlocal agreement
847
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
848
described in Subsection (2)(b)(iii)(A) is a member; and
849
(E) the state planning coordinator appointed under Section
63-38d-202
;
850
(iv) with respect to the notice to counties and municipalities described in Subsection
851
(2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
852
consider in the process of preparing, adopting, and implementing the long-range plan or
853
amendments to a long-range plan concerning:
854
(A) impacts that the use of land proposed in the proposed long-range plan or
855
amendments to a long-range plan may have on the county, municipality, or affected entity; and
856
(B) uses of land that the county, municipality, or affected entity is planning or
857
considering that may conflict with the proposed long-range plan or amendments to a long-range
858
plan; and
859
(v) include the address of an Internet website, if the school district has one, and the
860
name and telephone number of a person where more information can be obtained concerning
861
the school district's proposed long-range plan or amendments to a long-range plan.
862
(3) (a) Except as provided in Subsection (3)(d), each school district intending to
863
acquire real property for the purpose of expanding the district's infrastructure or other facilities
864
shall provide written notice, as provided in this Subsection (3), of its intent to acquire the

865
property if the intended use of the property is contrary to:
866
(i) the anticipated use of the property under the county or municipality's general plan;
867
or
868
(ii) the property's current zoning designation.
869
(b) Each notice under Subsection (3)(a) shall:
870
(i) indicate that the school district intends to acquire real property;
871
(ii) identify the real property; and
872
(iii) be sent to:
873
(A) each county in whose unincorporated area and each municipality in whose
874
boundaries the property is located; and
875
(B) each affected entity.
876
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
877
63-2-304
(7).
878
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
879
previously provided notice under Subsection (2) identifying the general location within the
880
municipality or unincorporated part of the county where the property to be acquired is located.
881
(ii) If a school district is not required to comply with the notice requirement of
882
Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
883
provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
884
the real property.
885
Section 19.
Section
54-3-27
is enacted to read:
886
54-3-27. Notice required of certain public utilities before preparing a long-range
887
plan or acquiring certain property.
888
(1) As used in this section:
889
(a) (i) "Affected entity" means each county, municipality, independent special district
890
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
891
Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
892
11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
893
(A) whose services or facilities are likely to require expansion or significant
894
modification because of expected uses of land under a proposed long-range plan or under
895
proposed amendments to a long-range plan; or

896
(B) that has filed with the specified public utility a copy of the general or long-range
897
plan of the county, municipality, independent special district, local district, school district,
898
interlocal cooperation entity, or specified public utility.
899
(ii) "Affected entity" does not include the specified public utility that is required under
900
Subsection (2) to provide notice.
901
(b) "Specified public utility" means an electrical corporation, gas corporation, or
902
telephone corporation, as those terms are defined in Section
54-2-1
.
903
(2) (a) If a specified public utility prepares a long-range plan regarding its facilities
904
proposed for the future in a county of the first or second class or amends an already existing
905
long-range plan, the specified public utility shall, before preparing a long-range plan or
906
amendments to an existing long-range plan, provide written notice, as provided in this section,
907
of its intent to prepare a long-range plan or to amend an existing long-range plan.
908
(b) Each notice under Subsection (2) shall:
909
(i) indicate that the specified public utility intends to prepare a long-range plan or to
910
amend a long-range plan, as the case may be;
911
(ii) describe or provide a map of the geographic area that will be affected by the
912
long-range plan or amendments to a long-range plan;
913
(iii) be sent to:
914
(A) each county in whose unincorporated area and each municipality in whose
915
boundaries is located the land on which the proposed long-range plan or amendments to a
916
long-range plan are expected to indicate that the proposed facilities will be located;
917
(B) each affected entity;
918
(C) the Automated Geographic Reference Center created in Section
63A-6-202
;
919
(D) each association of governments, established pursuant to an interlocal agreement
920
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
921
described in Subsection (2)(b)(iii)(A) is a member; and
922
(E) the state planning coordinator appointed under Section
63-38d-202
;
923
(iv) with respect to the notice to counties and municipalities described in Subsection
924
(2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public
925
utility to consider in the process of preparing, adopting, and implementing the long-range plan
926
or amendments to a long-range plan concerning:

927
(A) impacts that the use of land proposed in the proposed long-range plan or
928
amendments to a long-range plan may have on the county, municipality, or affected entity; and
929
(B) uses of land that the county, municipality, or affected entity is planning or
930
considering that may conflict with the proposed long-range plan or amendments to a long-range
931
plan; and
932
(v) include the address of an Internet website, if the specified public utility has one, and
933
the name and telephone number of a person where more information can be obtained
934
concerning the specified public utility's proposed long-range plan or amendments to a
935
long-range plan.
936
(3) (a) Except as provided in Subsection (3)(d), each specified public utility intending
937
to acquire real property for the purpose of expanding its infrastructure or other facilities used
938
for providing the services that the specified public utility is authorized to provide shall provide
939
written notice, as provided in this Subsection (3), of its intent to acquire the property if the
940
intended use of the property is contrary to:
941
(i) the anticipated use of the property under the county or municipality's general plan;
942
or
943
(ii) the property's current zoning designation.
944
(b) Each notice under Subsection (3)(a) shall:
945
(i) indicate that the specified public utility intends to acquire real property;
946
(ii) identify the real property; and
947
(iii) be sent to:
948
(A) each county in whose unincorporated area and each municipality in whose
949
boundaries the property is located; and
950
(B) each affected entity.
951
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
952
63-2-304
(7).
953
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified
954
public utility previously provided notice under Subsection (2) identifying the general location
955
within the municipality or unincorporated part of the county where the property to be acquired
956
is located.
957
(ii) If a specified public utility is not required to comply with the notice requirement of

958
Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility
959
shall provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition
960
of the real property.

Legislative Review Note
as of 1-27-04 11:45 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.